AN ACT to
increase penalties for certain crimes in which a firearm is used, displayed, or
there is a threat to use or display a firearm; to make it a criminal offense
for anyone to permit a child to have access to or possess a firearm without
supervision and parental consent; to provide that a person who has a valid
concealed handgun permit may do all of the following: have a concealed handgun
in a locked vehicle in a state government parking lot, have a concealed handgun
in a LOCKED Compartment IN A vehicle ON educational property, and carry a
handgun into an assembly where an admission fee is charged or an establishment
where alcoholic beverages are sold and consumed, or at a parade or funeral
procession, unless the person in legal possession or control of the premises
has posted a notice prohibiting the carrying of handguns on the premises; to
provide that an employee of an institution of higher education who lives in a
certain type of campus residence may carry a handgun on the employee's
residential premises and in some instances also keep the gun in the employee's
locked vehicle in the parking area of the institution of higher education; to
clarify the law on local government authority to prohibit concealed carry of
firearms; to establish uniform state requirements FOR REPORTING INFORMATION
CONCERNING MENTAL HEALTH AND SUBSTANCE ABUSE judicial determinations or
findings to the national instant criminal BACKGROUND CHECK SYSTEM and to make
these requirements MORE CONSISTENT WITH FEDERAL firearms LAW; to provide for
the confidentiality of information regarding concealed handgun permits and sale
of handguns; to close the loophole on using pistol permits to avoid a
background check when purchasing a handgun; to require revocation of a
concealed handgun permit upon conviction of a disqualifying offense; to provide
that any north carolina district or superior court judge, magistrate, clerk of
court, or register of deeds who has a concealed handgun permit that is valid in
north carolina is exempt from the general Prohibition against carrying a
concealed weapon and from the prohibitions against carrying a weapon on certain
premises or in certain circumstances; to allow hunting with a suppressor or
other device designed to muffle or minimize the report of a firearm; and to make
the definition of qualified retired law enforcement officer consistent with
federal law.

The General Assembly of North Carolina enacts:

SECTION 1. G.S. 14-269 is amended by
adding a new subsection to read:

"(a2)This prohibition
does not apply to a person who has a concealed handgun permit issued in
accordance with Article 54B of this Chapter, has a concealed handgun permit
considered valid under G.S. 14-415.24, or is exempt from obtaining a
permit pursuant to G.S. 14-415.25, provided the weapon is a handgun, is in
a closed compartment or container within the person's locked vehicle, and the
vehicle is in a parking area that is owned or leased by State government. A
person may unlock the vehicle to enter or exit the vehicle, provided the
handgun remains in the closed compartment at all times and the vehicle is
locked immediately following the entrance or exit."

SECTION 2. G.S. 14-269.2 is amended by
adding the following new subsections to read:

"(i)The
provisions of this section shall not apply to an employee of an institution of
higher education as defined in G.S. 116-143.1 or a nonpublic post-secondary
educational institution who resides on the campus of the institution at which
the person is employed when all of the following criteria are met:

(1)The
employee's residence is a detached, single-family dwelling in which only the
employee and the employee's immediate family reside.

(2)The
institution is either:

a.An
institution of higher education as defined by G.S. 116-143.1.

b.A
nonpublic post-secondary educational institution that has not specifically
prohibited the possession of a handgun pursuant to this subsection.

(3)The
weapon is a handgun.

(4)The
handgun is possessed in one of the following manners as appropriate:

a.If
the employee has a concealed handgun permit that is valid under Article 54B of
this Chapter, or who is exempt from obtaining a permit pursuant to that
Article, the handgun may be on the premises of the employee's residence or in a
closed compartment or container within the employee's locked vehicle that is
located in a parking area of the educational property of the institution at
which the person is employed and resides. Except for direct transfer between
the residence and the vehicle, the handgun must remain at all times either on
the premises of the employee's residence or in the closed compartment of the
employee's locked vehicle. The employee may unlock the vehicle to enter or
exit, but must lock the vehicle immediately following the entrance or exit if
the handgun is in the vehicle.

b.If
the employee is not authorized to carry a concealed handgun pursuant to Article
54B of this Chapter, the handgun may be on the premises of the employee's
residence, and may only be in the employee's vehicle when the vehicle is
occupied by the employee and the employee is immediately leaving the campus or
is driving directly to their residence from off campus. The employee may
possess the handgun on the employee's person outside the premises of the
employee's residence when making a direct transfer of the handgun from the
residence to the employee's vehicle when the employee is immediately leaving
the campus or from the employee's vehicle to the residence when the employee is
arriving at the residence from off campus.

(j)The
provisions of this section shall not apply to an employee of a public or
nonpublic school who resides on the campus of the school at which the person is
employed when all of the following criteria are met:

(1)The
employee's residence is a detached, single-family dwelling in which only the
employee and the employee's immediate family reside.

(2)The
school is either:

a.A
public school which provides residential housing for enrolled students.

b.A
nonpublic school which provides residential housing for enrolled students and
has not specifically prohibited the possession of a handgun pursuant to this
subsection.

(3)The
weapon is a handgun.

(4)The
handgun is possessed in one of the following manners as appropriate:

a.If
the employee has a concealed handgun permit that is valid under Article 54B of
this Chapter, or who is exempt from obtaining a permit pursuant to that Article,
the handgun may be on the premises of the employee's residence or in a closed
compartment or container within the employee's locked vehicle that is located
in a parking area of the educational property of the school at which the person
is employed and resides. Except for direct transfer between the residence and
the vehicle, the handgun must remain at all times either on the premises of the
employee's residence or in the closed compartment of the employee's locked
vehicle. The employee may unlock the vehicle to enter or exit, but must lock
the vehicle immediately following the entrance or exit if the handgun is in the
vehicle.

b.If
the employee is not authorized to carry a concealed handgun pursuant to Article
54B of this Chapter, the handgun may be on the premises of the employee's
residence, and may only be in the employee's vehicle when the vehicle is
occupied by the employee and the employee is immediately leaving the campus or
is driving directly to their residence from off campus. The employee may
possess the handgun on the employee's person outside the premises of the
employee's residence when making a direct transfer of the handgun from the
residence to the employee's vehicle when the employee is immediately leaving
the campus or from the employee's vehicle to the residence when the employee is
arriving at the residence from off campus.

(k)The
provisions of this section shall not apply to a person who has a concealed
handgun permit that is valid under Article 54B of this Chapter, or who is
exempt from obtaining a permit pursuant to that Article, who has a handgun in a
closed compartment or container within the person's locked vehicle or in a
locked container securely affixed to the person's vehicle. A person may unlock
the vehicle to enter or exit the vehicle provided the firearm remains in the
closed compartment at all times and the vehicle is locked immediately following
the entrance or exit."

SECTION 3. G.S. 14-269.3(b) reads as
rewritten:

"(b) This section shall
not apply to any of the following:

(1) A person
exempted from the provisions of G.S. 14-269;G.S. 14-269.

(2) The owner or
lessee of the premises or business establishment;establishment.

(3) A person
participating in the event, if he the person is carrying a gun,
rifle, or pistol with the permission of the owner, lessee, or person or
organization sponsoring the event; andevent.

(4) A person
registered or hired as a security guard by the owner, lessee, or person or
organization sponsoring the event.

(5)A
person carrying a handgun if the person has a valid concealed handgun permit
issued in accordance with Article 54B of this Chapter, has a concealed handgun
permit considered valid under G.S. 14-415.24, or is exempt from obtaining
a permit pursuant to G.S. 14-415.25. This subdivision shall not be
construed to permit a person to carry a handgun on any premises where the
person in legal possession or control of the premises has posted a conspicuous
notice prohibiting the carrying of a concealed handgun on the premises in
accordance with G.S. 14-415.11(c)."

SECTION 4. G.S. 14-316 reads as
rewritten:

"§ 14-316.
Permitting young children to use dangerous firearms.

(a) It shall be
unlawful for any parent, guardian, or person standing in locoparentis,person
to knowingly permit his a child under the age of 12 years to have
the access to, or possession, custody or use in any manner
whatever, of any gun, pistol or other dangerous firearm, whether such
weapon be loaded or unloaded, except when such unless the person has
the permission of the child's parent or guardian, and the child is under
the supervision of the parent, guardian or person standing in loco parentis.
It shall be unlawful for any other person to knowingly furnish such child any
weapon enumerated herein.an adult. Any person violating the
provisions of this section shall be guilty of a Class 2 misdemeanor.

"§ 15A-1340.16A.
Enhanced sentence if defendant is convicted of a Class A, B1, B2, C, D, or E
felony and the defendant used, displayed, or threatened to use or display a
firearm or deadly weapon during the commission of the felony.

(c) If a person is
convicted of a Class A, B1, B2, C, D, or E felony and it is found as
provided in this section that: (i) the person committed the felony by using,
displaying, or threatening the use or display of a firearm or deadly weapon and
(ii) the person actually possessed the firearm or deadly weapon about his or
her person, then the person shall have the minimum term of imprisonment to
which the person is sentenced for that felony increased by 60 months. The
maximum term of imprisonment shall be the maximum term that corresponds to the
minimum term after it is increased by 60 months, as specified in G.S. 15A-1340.17(e)
and (e1). as follows:

(1)If the
felony is a Class A, B1, B2, C, D, or E felony, the minimum term of
imprisonment to which the person is sentenced for that felony shall be
increased by 72 months. The maximum term of imprisonment shall be the maximum
term that corresponds to the minimum term after it is increased by 72 months,
as specified in G.S. 15A-1340.17(e) and (e1).

(2)If the
felony is a Class F or G felony, the minimum term of imprisonment to which the
person is sentenced for that felony shall be increased by 36 months. The
maximum term of imprisonment shall be the maximum term that corresponds to the
minimum term after it is increased by 36 months, as specified in G.S. 15A-1340.17(d).

(3)If the
felony is a Class H or I felony, the minimum term of imprisonment to which the
person is sentenced for that felony shall be increased by 12 months. The
maximum term of imprisonment shall be the maximum term that corresponds to the
minimum term after it is increased by 12 months, as specified in G.S. 15A-1340.17(d).

(d) An indictment
or information for the Class A, B1, B2, C, D, or E felony shall allege
in that indictment or information the facts set out in subsection (c) of this
section. The pleading is sufficient if it alleges that the defendant committed
the felony by using, displaying, or threatening the use or display of a firearm
or deadly weapon and the defendant actually possessed the firearm or deadly
weapon about the defendant's person. One pleading is sufficient for all Class
A, B1, B2, C, D, or E felonies that are tried at a single trial.

(e) The State shall
prove the issues set out in subsection (c) of this section beyond a reasonable
doubt during the same trial in which the defendant is tried for the felony
unless the defendant pleads guilty or no contest to the issues. If the
defendant pleads guilty or no contest to the felony but pleads not guilty to
the issues set out in subsection (c) of this section, then a jury shall be
impaneled to determine the issues.

(f)
Subsection (c) of this section does not apply if the evidence of the use,
display, or threatened use or display of the firearm or deadly weapon is needed
to prove an element of the felony or if the person is not sentenced to an
active term of imprisonment."

SECTION 6. G.S. 14-415.23 reads as
rewritten:

"§ 14-415.23.Statewide uniformity.

(a) It is
the intent of the General Assembly to prescribe a uniform system for the
regulation of legally carrying a concealed handgun. To insure uniformity, no
political subdivisions, boards, or agencies of the State nor any county, city,
municipality, municipal corporation, town, township, village, nor any
department or agency thereof, may enact ordinances, rules, or regulations
concerning legally carrying a concealed handgun. A unit of local government may
adopt an ordinance to permit the posting of a prohibition against carrying a
concealed handgun, in accordance with G.S. 14-415.11(c), on local
government buildings and their appurtenant premises.

(b) A unit
of local government may adopt an ordinance to prohibit, by posting, the
carrying of a concealed handgun on municipal and county recreational facilities
that are specifically identified by the unit of local government. If a unit of
local government adopts such an ordinance with regard to recreational
facilities, then the concealed handgun permittee may, nevertheless, secure the
handgun in a locked vehicle within the trunk, glove box, or other enclosed
compartment or area within or on the motor vehicle.

(c) For
purposes of this section, the term "recreational facilities" includes
only the following: a playground, an athletic field, a swimming pool, and an
athletic facility.

(1)An
athletic field, including any appurtenant facilities such as restrooms, during
an organized athletic event if the field had been scheduled for use with the
municipality or county office responsible for operation of the park or
recreational area.

(2)A
swimming pool, including any appurtenant facilities used for dressing, storage
of personal items, or other uses relating to the swimming pool.

(3)A
facility used for athletic events, including, but not limited to, a gymnasium.

(d)For
the purposes of this section, the term "recreational facilities" does
not include any greenway, designated biking or walking path, an area that is
customarily used as a walkway or bike path although not specifically designated
for such use, open areas or fields where athletic events may occur unless the
area qualifies as an "athletic field" pursuant to subdivision (1) of
subsection (c) of this section, and any other area that is not specifically
described in subsection (c) of this section."

SECTION 7. G.S. 122C-54(d1) reads as
rewritten:

"(d1) After a judicial
determination that an individual shall be involuntarily committed for either
inpatient or outpatient mental health treatment pursuant to Article 5 of this
Chapter, the clerk of superior court in the county where the judicial determination
was made shall, as soon as practicable, cause a report of the commitment to be
transmitted to the National Instant Criminal Background Check System (NICS).
Reporting of an individual involuntarily committed to outpatient mental health
treatment under this subsection shall only be reported if the individual is
found to be a danger to self or others. The clerk shall also cause to be
transmitted to NICS a record where an individual is found not guilty by reason
of insanity or found mentally incompetent to proceed to criminal trial. The
clerk, upon receipt of documentation that an affected individual has received a
relief from disabilities pursuant to G.S. 122C-54.1 or any applicable
federal law, shall cause the individual's record in NICS to be updated. Excluding
Saturdays, Sundays, and holidays, not later than 48 hours after receiving
notice of any of the following judicial determinations or findings, the clerk
of superior court in the county where the determination or finding was made
shall cause a record of the determination or finding to be transmitted to the
National Instant Criminal Background Check System (NICS):

(1)A
determination that an individual shall be involuntarily committed to afacility
for inpatient mental health treatment upon a finding that the individual is
mentally ill and a danger to self or others.

(2)A
determination that an individual shall be involuntarily committed to a facility
for outpatient mental health treatment upon a finding that the individual is
mentally ill and, based on the individual's treatment history, in need of
treatment in order to prevent further disability or deterioration that would
predictably result in a danger to self or others.

(3)A
determination that an individual shall be involuntarily committed to a facility
for substance abuse treatment upon a finding that the individual is a substance
abuser and a danger to self or others.

(4)A
finding that an individual is not guilty by reason of insanity.

(5)A
finding that an individual is mentally incompetent to proceed to criminal
trial.

(6)A
finding that an individual lacks the capacity to manage the individual's own
affairs due to marked subnormal intelligence or mental illness, incompetency,
condition, or disease.

(7)A
determination to grant a petition to an individual for the removal of
disabilities pursuant to G.S. 122C-54.1 or any applicable federal law.

The 48-hour period for transmitting a record of a judicial
determination or finding to the NICS under this subsection begins upon receipt
by the clerk of a copy of the judicial determination or finding."

SECTION 8. The last two sentences of
G.S. 122C-54(d1) are recodified as G.S. 122C-54(d2) and read as rewritten:

"(d2) The record of involuntary
commitment for inpatient or outpatient mental health treatment or for
substance abuse treatment required by subsection (d1) of this section shall
be accessible only by an entity having proper access to NICS and shall remain
otherwise confidential as provided by this Article. The clerk shall effect
the transmissions to NICS required by the subsection according to protocols
which shall be established by the Administrative Office of the Courts.The
Administrative Office of the Courts shall adopt rules to require clerks of
court to transmit information to the NICS as required by subsection (d1) of
this section in a uniform manner."

SECTION 9. G.S. 122C-54.1 reads as
rewritten:

"§ 122C-54.1.
Restoration process to remove mental commitment bar.

(a) Any individual
over the age of 18 may petition for the removal of the mental commitment bar
to purchase, possess, or transfer a firearm when the individual no longer
suffers from the condition that resulted in the individual's involuntary
commitment for either inpatient or outpatient mental health treatment pursuant
to Article 5 of this Chapter and no longer poses a danger to self or others for
purposes of the purchase, possession, or transfer of firearms pursuant to 18
U.S.C. § 922, G.S. 14-404, and G.S. 14-415.12.disabilities
pursuant to 18 U.S.C. § 922(d)(4) and (g)(4), G.S. 14-415.3, and
G.S. 14-415.12 arising out of a determination or finding required to be
transmitted to the National Instant Criminal Background Check System by
subdivisions (1) through (6) of subsection (d1) of G.S. 122C-54. The
individual may file the petition with a district court judge upon the
expiration of any current inpatient or outpatient commitment. No individual
who has been found not guilty by reason of insanity may petition a court for
restoration under this section.

(b) The petition
must be filed in the district court of the county where the respondent was the
subject of the most recent judicial determination or findingthat
either inpatient or outpatient treatment was appropriate or in the district
court of the county of the petitioner's residence. An individual
disqualified from firearms possession due to a comparable out-of-State mental
commitment shall make application in the county of residence. The clerk of
court upon receipt of the petition shall schedule a hearing using the regularly
scheduled commitment court time and provide notice of the hearing to the
petitioner and the district attorney. attorney who represented the
State in the underlying case, or that attorney's successor. Copies of the
petition must be served on the director of the relevant inpatient and
or outpatient treatment facility, in-State or out-of-State,facility
and the district attorney in the petitioner's current county of residence.

(c) The burden is
on the petitioner to establish by a preponderance of the evidence that the
petitioner no longer suffers from the condition that resulted in commitment
and no longer poses a danger to self or others for purposes of the purchase,
possession, or transfer of firearms pursuant to 18 U.S.C. § 922, G.S. 14-404,
and G.S. 14-415.12.will not be likely to act in a manner dangerous
to public safety and that the granting of the relief would not be contrary to
the public interest. The district attorney shall present any and all
relevant information to the contrary. For these purposes, the district attorney
may access and use any and all mental health records, juvenile records, and
criminal history of the petitioner wherever maintained. The applicant must sign
a release for the district attorney to receive any mental health records of the
applicant. This hearing shall be closed to the public, unless the court finds
that the public interest would be better served by conducting the hearing in
public. If the court determines the hearing should be open to the public, upon
motion by the petitioner, the court may allow for the in camera inspection of
any mental health records. The court may allow the use of the record but shall
restrict it from public disclosure, unless it finds that the public interest
would be better served by making the record public. The district court shall
enter an order that the petitioner does or does not continue to suffer from
the condition that resulted in commitment and does or does not continue to pose
a danger to self or others for purposes of the purchase, possession, or
transfer of firearms pursuant to 18 U.S.C. § 922, G.S. 14-404, and
G.S. 14-415.12.is or is not likely to act in a manner dangerous to
public safety and that the granting of the relief would or would not be
contrary to the public interest. The court shall include in its order the
specific findings of fact on which it bases its decision. In making its
determination, the court shall consider the circumstances regarding the firearm
disabilities from which relief is sought, the petitioner's mental health and
criminal history records, the petitioner's reputation, developed at a minimum
through character witness statements, testimony, or other character evidence,
and any changes in the petitioner's condition or circumstances since the
original determination or finding relevant to the relief sought. The
decision of the district court may be appealed to the superior court for a
hearing de novo. After a denial by the superior court, the applicant must wait
a minimum of one year before reapplying. Attorneys designated by the Attorney
General shall be available to represent the State, or assist in the representation
of the State, in a restoration proceeding when requested to do so by a district
attorney and approved by the Attorney General. An attorney so designated shall
have all the powers of the district attorney under this section.

(d) Upon a judicial
determination to grant a petition under this section, the clerk of superior
court in the county where the petition was granted shall forward the order to
the National Instant Criminal Background Check System (NICS) for updating of
the respondent's record."

SECTION 10. G.S. 14-415.3 is amended by
adding a new subsection to read:

"(c)The
provisions of this section shall not apply to a person whose rights have been
restored pursuant to G.S. 122C-54.1."

SECTION 11. G.S. 14-415.12(c) reads as rewritten:

"(c) An applicant
shall not be ineligible to receive a concealed carry permit under subdivision
(6) of subsection (b) of this section because of an adjudication of mental
incapacity or illness or an involuntary commitment to mental health services
if the individual's rights have been restored under G.S. 122C-54.1."

SECTION 12. G.S. 14-415.17 reads as
rewritten:

"§ 14-415.17.
Permit; sheriff to retain and make available to law enforcement agencies a
list of permittees.permittees; confidentiality of list and permit
application information; availability to law enforcement agencies.

(a) The
permit shall be in a certificate form, as prescribed by the Administrative
Office of the Courts, that is approximately the size of a North Carolina drivers
license. It shall bear the signature, name, address, date of birth, and the
drivers license identification number used in applying for the permit.

(b) The
sheriff shall maintain a listing, including the identifying information, of
those persons who are issued a permit. The permit information shall be
available upon request to all State and local law enforcement agencies. Within
five days of the date a permit is issued, the sheriff shall send a copy of the
permit to the State Bureau of Investigation. The State Bureau of
Investigation shall make this information available to law enforcement officers
and clerks of court on a statewide system.

(c)Except
as provided otherwise by this subsection, the list of permit holders and the
information collected by the sheriff to process an application for a permit are
confidential and are not a public record under G.S. 132-1. The sheriff
shall make the list of permit holders and the permit information available upon
request to all State and local law enforcement agencies. The State Bureau of
Investigation shall make the list of permit holders and the information
collected by the sheriff to process an application for a permit available to
law enforcement officers and clerks of court on a statewide system."

SECTION 13. G.S. 14-406 reads as
rewritten:

"§ 14-406.
Dealer to keep record of sales. sales; confidentiality of records.

(a) Every dealer in
pistols and other weapons mentioned in this Article shall keep an accurate
record of all sales thereof, including the name, place of residence, date of
sale, etc., of each person, firm, or corporation to whom or which such sales
are made, which record shall be open to the inspection of any duly
constituted State, county or police officer, within this State.made. The
records maintained by a dealer pursuant to this section are confidential and
are not a public record under G.S. 132-1; provided, however, that the
dealer shall make the records available upon request to all State and local law
enforcement agencies.

It shall be unlawful for any person to possess, or carry, whether
openly or concealed, any deadly weapon, not used solely for instructional or
officially sanctioned ceremonial purposes in the State Capitol Building, the
Executive Mansion, the Western Residence of the Governor, or on the grounds of
any of these buildings, and in any building housing any court of the General
Court of Justice. If a court is housed in a building containing nonpublic uses
in addition to the court, then this prohibition shall apply only to that
portion of the building used for court purposes while the building is being
used for court purposes.

This section shall not apply to any of the following:

…

(6) A person with a
permit issued in accordance with Article 54B of this Chapter orChapter,
with a permit considered valid under G.S. 14-415.24G.S. 14-415.24,
or who is exempt from obtaining a permit pursuant to G.S. 14-415.25,
who has a firearm in a closed compartment or container within the person's
locked vehicle or in a locked container securely affixed to the person's
vehicle. A person may unlock the vehicle to enter or exit the vehicle provided
the firearm remains in the closed compartment at all times and the vehicle is
locked immediately following the entrance or exit.

Any person violating the provisions of this section shall be
guilty of a Class 1 misdemeanor."

SECTION 15. G.S. 14-277.2 is amended by
adding a new subsection to read:

"(d)The
provisions of this section shall not apply to concealed carry of a handgun at a
parade or funeral procession by a person with a valid permit issued in
accordance with Article 54B of this Chapter, with a permit considered valid
under G.S. 14-415.24, or who is exempt from obtaining a permit pursuant to
G.S. 14-415.25. This subsection shall not be construed to permit a person
to carry a concealed handgun on any premises where the person in legal
possession or control of the premises has posted a conspicuous notice
prohibiting the carrying of a concealed handgun on the premises in accordance
with G.S. 14-415.11(c)."

SECTION 16. G.S. 14-415.21 reads as
rewritten:

"§ 14-415.21.
Violations of this Article punishable as an infraction.

(a) A person who
has been issued a valid permit who is found to be carrying a concealed handgun
without the permit in the person's possession or who fails to disclose to any
law enforcement officer that the person holds a valid permit and is carrying a
concealed handgun, as required by G.S. 14-415.11, shall be guilty of an
infraction and shall be punished in accordance with G.S. 14-3.1. In lieu
of paying a fine the person may surrender the permit.

(a1)A person who has
been issued a valid permit who is found to be carrying a concealed handgun in
violation of subdivision (c)(8) or subsection (c2) of G.S. 14-415.11 shall
be guilty of a Class 1 misdemeanor.

(b) A person who
violates the provisions of this Article other than as set forth in subsection
(a) or (a1) of this section is guilty of a Class 2 misdemeanor."

"(b1) Defense. - It shall be a defense
to a violation of this section if all of the following conditions are met:

(1)The
person shows that the minor produced an apparently valid permit to receive the
weapon, if such a permit would be required under G.S. 14-402 or
G.S. 14-409.1 for transfer of the weapon to an adult.

(2) The person
reasonably believed that the minor was not a minor.

(3) The person
either:

a. Shows that
the minor produced a drivers license, a special identification card issued
under G.S. 20-37.7, a military identification card, or a passport, showing
the minor's age to be at least the required age for purchase and bearing a
physical description of the person named on the card reasonably describing the
minor; or

b. Produces
evidence of other facts that reasonably indicated at the time of sale that the
minor was at least the required age."

SECTION 19. G.S. 20-187.2(a) reads as
rewritten:

"(a) Surviving
spouses, or in the event such members die unsurvived by a spouse, surviving
children of members of North Carolina State, city and county law-enforcement
agencies killed in the line of duty or who are members of such agencies at the
time of their deaths, and retiring members of such agencies shall receive upon
request and at no cost to them, the badge worn or carried by such deceased or
retiring member. The governing body of a law-enforcement agency may, in its
discretion, also award to a retiring member or surviving relatives as provided
herein, upon request, the service side arm of such deceased or retiring
members, at a price determined by such governing body, upon securing a
permit as required by G.S. 14-402 et seq. or 14-409.1 et seq., upon
determining that the person receiving the weapon is not ineligible to own,
possess, or receive a firearm under the provisions of State or federal law, or
without such permit provided the weapon shall haveif the weapon has
been rendered incapable of being fired. Governing body shall mean for county
and local alcohol beverage control officers, the county or local board of
alcoholic control; for all other law-enforcement officers with jurisdiction
limited to a municipality or town, the city or town council; for all other law-enforcement
officers with countywide jurisdiction, the board of county commissioners; for
all State law-enforcement officers, the head of the department."

SECTION 20. G.S. 14-415.18 reads as
rewritten:

"§ 14-415.18.
Revocation or suspension of permit.

(a) The sheriff of
the county where the permit was issued or the sheriff of the county where the
person resides may revoke a permit subsequent to a hearing for any of the
following reasons:

(1) Fraud or intentional
and material misrepresentation in the obtaining of a permit.

(2) Misuse of a
permit, including lending or giving a permit or a duplicate permit to another
person, materially altering a permit, or using a permit with the intent to
unlawfully cause harm to a person or property. It shall not be considered
misuse of a permit to provide a duplicate of the permit to a vender for record-keeping
purposes.

(3) The doing of an
act or existence of a condition which would have been grounds for the denial of
the permit by the sheriff.

(4) The violation of
any of the terms of this Article.

(5)The
applicant is adjudicated guilty of or receives a prayer for judgment continued
for a crime which would have disqualified the applicant from initially
receiving a permit.

A permittee may appeal the revocation, or nonrenewal of a
permit by petitioning a district court judge of the district in which the
applicant resides. The determination by the court, on appeal, shall be upon the
facts, the law, and the reasonableness of the sheriff's refusal.

(a1)The sheriff of
the county where the permit was issued or the sheriff of the county where the
person resides shall revoke a permit of any permittee who is adjudicated guilty
of or receives a prayer for judgment continued for a crime which would have
disqualified the permittee from initially receiving a permit. Upon determining
that a permit should be revoked pursuant to this subsection, the sheriff shall
provide written notice to the permittee, pursuant to the provisions of
G.S. 1A-1, Rule 4(j), that the permit is revoked upon the service of the
notice. The notice shall provide the permittee with information on the process
to appeal the revocation.

Upon receipt of the written notice of revocation, the
permittee shall surrender the permit to the sheriff. Any law enforcement
officer serving the notice is authorized to take immediate possession of the
permit from the permittee. If the notice is served by means other than by a law
enforcement officer, the permittee shall surrender the permit to the sheriff no
later than 48 hours after service of the notice.

A permittee may appeal the revocation of a permit pursuant
to this subsection by petitioning a district court judge of the district in
which the permittee resides. The determination by the court, on appeal, shall
be limited to whether the permittee was adjudicated guilty of or received a
prayer for judgment continued for a crime which would have disqualified the
permittee from initially receiving a permit. Revocation of the permit is not
stayed pending appeal.

(b) The court may
suspend a permit as part of and for the duration of any orders permitted under
Chapter 50B of the General Statutes."

SECTION 21. G.S. 14-269(b) is amended
by adding the following new subdivisions to read:

"(4d)Any person who is a
North Carolina district court judge, North Carolina superior court judge, or a
North Carolina magistrate and who has a concealed handgun permit issued in
accordance with Article 54B of this Chapter or considered valid under
G.S. 14-415.24; provided that the person shall not carry a concealed
weapon at any time while consuming alcohol or an unlawful controlled substance
or while alcohol or an unlawful controlled substance remains in the person's
body. The judge or magistrate shall secure the weapon in a locked compartment
when the weapon is not on the person of the judge or magistrate;

(4e)Any person who is
elected and serving as a clerk of court or as a register of deeds and who has a
concealed handgun permit issued in accordance with Article 54B of this Chapter
or considered valid under G.S. 14-415.24; provided that the person shall
not carry a concealed weapon at any time while consuming alcohol or an unlawful
controlled substance or while alcohol or an unlawful controlled substance
remains in the person's body. The clerk of court or register of deeds shall
secure the weapon in a locked compartment when the weapon is not on the person
of the clerk of court or register of deeds;"

SECTION 22. G.S. 14-415.27 reads as
rewritten:

"§ 14-415.27.
Expanded permit scope for district attorneys, assistant district attorneys,
and investigators employed by office of the district attorneycertain
persons.

Notwithstanding G.S. 14-415.11(c), any person who is
a district attorney, an assistant district attorney, or an investigator
employed by the office of a district attorney and of the following
persons who has a concealed handgun permit issued pursuant to this Article
or that is considered valid under G.S. 14-415.24 is not subject to the
area prohibitions set out in G.S. 14-415.11(c) and may carry a concealed
handgun in the areas listed in G.S. 14-415.11(c) unless otherwise
prohibited by federal law.law:

(1)A
district attorney.

(2)An assistant
district attorney.

(3)An
investigator employed by the office of a district attorney.

(4)A
North Carolina district or superior court judge.

(5)A
magistrate.

(6)A
person who is elected and serving as a clerk of court.

(7)A
person who is elected and serving as a register of deeds."

SECTION 23. G.S. 113-291.1(c) reads as
rewritten:

"(c) It is a Class 1
misdemeanor for any person taking wildlife to have in his the
person's possession any:

(1)Firearm
equipped with a silencer or any device designed to silence, muffle, or minimize
the report of the firearm. The firearm is considered equipped with the silencer
or device whether it is attached to the firearm or separate but reasonably
accessible for attachment during the taking of the wildlife.

(2) Weapon of mass
death and destruction as defined in G.S. 14-288.8.G.S. 14-288.8,
other than a suppressor or other device designed to muffle or minimize the
report of a firearm that is lawfully possessed by a person in compliance with
26 U.S.C. Chapter 53 §§ 5801-5871.

The Wildlife Resources Commission may prohibit individuals
training dogs or taking particular species from carrying axes, saws, tree-climbing
equipment, and other implements that may facilitate the unlawful taking of
wildlife, except tree-climbing equipment may be carried and used by persons
lawfully taking raccoons and opossums during open season."

SECTION 24. G.S. 14-415.10 reads as
rewritten:

"§ 14-415.10.
Definitions.

The following definitions apply to this Article:

…

(4a) Qualified retired law
enforcement officer. - An individual who meets the definition of
"qualified retired law enforcement officer" contained in section 926C
of Title 18 of the United States Code.all of the following qualifications:

a.Retired
in good standing from service with a public agency located in the United States
as a law enforcement officer, other than for reasons of mental instability.

b.Prior
to retirement, was authorized by law to engage in or supervise the prevention,
detection, investigation, or prosecution of, or the incarceration of, any
person for any violation of law, and had statutory powers of arrest.

c.Prior
to retirement, was regularly employed as a law enforcement officer for a total
of 15 years or more, or retired after completing probationary periods of
service due to a service-connected disability, as determined by the agency.

d.Has
a vested right to benefits under the retirement plan of the agency.

…."

SECTION 25. G.S. 14-269(b) reads as
rewritten:

"(b) This prohibition
shall not apply to the following persons:

…

(4b) Any person who is a
qualified retired law enforcement officer as defined in G.S. 14-415.10 and
meets all any one of the following conditions:

a.Is
a qualified retired law enforcement officer as defined in G.S. 14-415.10.

b.a. Is the holder
of a concealed handgun permit in accordance with Article 54B of this Chapter.

b.Is
exempt from obtaining a permit pursuant to G.S. 14-415.25.

c. Is
certified by the North Carolina Criminal Justice Education and Training
Standards Commission pursuant to G.S. 14-415.26;

…."

SECTION 26. Sections 1 through 6, 14 through
18, 21, 23, and 25 of this act become effective October 1, 2013, and apply to
offenses committed on or after that date. Prosecutions for offenses committed
before the effective date of this act are not abated or affected by this act,
and the statutes that would be applicable but for this act remain applicable to
those prosecutions. The remainder of this act becomes effective October 1,
2013.